Revolutionary War Pension and Bounty Land Warrant Application File S. 31,032, John Foxworthy, Va.

SERVICE
NUMBER
Va.
Foxworthy, John
S. 31,032
CONTENTS

Summary
John Foxworthy Harrison Co in the State of Kentucky who was a private in the company commanded by Captain Hedges of the 1st Regt commanded by Col. Leibs in the Va for 9 months
Enscribed on the Roll of Kentucky at the rate of 30 Dollars — Cents per annum commence on the 14th day of March, 1831.
Certificate of Pension issued the 18 day of May 1833 and Suits N B Coleen Lyndriana
Arrears to the 14th of March 60.00 Semi-ant. allowance ending Sept 15 — $75 —
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Daniel Boyd Clerk Book 6 Vol. 7 Page 9

Date of death not on A.B. L.R.R.

John Foxworthy's Declaration
23614

State of Kentucky Harrison County 35A
On the 11 th day of March 1833 before us William Marshall Benjamin Cunningham & David Snodgrass now constituting the County Court of Harrison County which is a court of record now sitting as friends John Foxworthy S r a resident of Harrison County in the State of Kentucky aged nearly eighty years, having been born in Prince William County Virginia on the 10 th day of May 1753. Who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the law of Congress, passed June 7 th 1832. He states that he entered the service of the United States, under the following named officers & served as is here in stated. That there was a general call for men, and he went out on a tour of three months in the year 1777 under Capt. John Hedges & Lieut. Col. Hedges. That he marched from Prince William County to Dumfries, thence to James Miffletts landing on the sea side. The services rendered during this tour consisted of guarding the inhabitants & coasts from British incursions, and when the tour expired he was discharged & came home. In this expedition he recollects Col. S. Gibbs & Lee with whom he was. That afterwards in the winter of 1780-81 He was drafted for six months, and served under Capt. Valentine Peyton, Lieut. William Sandford, and in this tour a Mr. S r Einker commanded & exercised superior authority but what his grade of office was, he does not recollect, but supposes it was that of Colonel. That he marched

from Prince William County to Fredericksburg, where he was stationed a while; thence to Williamsburg where he staid a while & was stationed in the late Governor's old palace. Thence to Little York where he staid a short time; thence to a place called the old fields near the sea shore; thence back to Little York, thence to Williamsburg. There he was selected as one from his company and was sent back to York to guard the Artillery, whence they were driven by the Enemy to Gloucester, and after remaining there a short time, he marched back to York, Cornwallis having arrived and this declarant's time having expired he rec d . a discharge which he brought home and left in his father's chest & never having any use for it he has never noticed or taken care of it & knows not what has become of it. He states that he verily believes that he served full nine months in the United States Service as above stated. And being very old and frail he does not recollect any other officers than those already named, except Gen l Washington, La Fayette and Wayne, with whom he was & served. That he has no record of his age, it was in his father's prayer book & he knows not what has become of that, He states that he was a resident of Prince William County Virginia when he started on and served both of the foregoing towns. And resided there until 1793 when he moved to Bourbon County Ky where he lived seven years, thence to Harrison County where he now resides, & has resided ever since. That he knows of no one by whom he can prove his said services now living except J. P. Reed who lived in the same County Ky. & knows of his having served as aforesaid.

He hereby relinquishes Every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any state or Territory whatever.
Sworn to & subscribed the day and year aforesaid
his John X Foxworthy mark
We Nicholas Millner & Jacob Lantier Harrison county & state of Kentucky do hereby certify residing in that we are well acquainted with John Foxworthy S r who has subscribed and sworn to the above declaration; that we believe him to be nearly eighty years of age; that he has been & still is re- puted to be a man of veracity in the neighborhood where he resides, and to have been a soldier of the revolution; and that we concur in that opinion.
Nicholas Millner his Jacob X Lantier mark
And the said court do hereby declare their opinion, after the investigation of the matter, & after putting the interrogatories prescribed by the war department, that the above named applicant was a revolu- tionary soldier, and served as he states. And the court further testifies, that it appears to them that the S r Nicholas Millner and Jacob Lantier S r are residents of Harrison county Ky and credible persons, and that their statement is entitled to credit.
William Marshall B. Cunningham David Snodgrass
Commonwealth of Kentucky Harrison county Set -
I Samuel Endecott Clerk of the County Court for the County aforesaid do certify that the foregoing contains the original proceed- ings of said Court in the matter

of the application of John Foxworthy, for a pension.
In Testimony whereof I have hereunto set my hand and the seal of my office, this 13 th day of March A. D. 1833 and the 41 year of the Commonwealth
Samuel Endicott. C. No. 6

23614
John Foxworthy Harrison Co Kentucky.
from 1779 private 9 months. $30.
N.B. Coleman Esq. Cynthiana Harrison Co Kentucky.

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of John Foxworthy Harrison 60 Kentucky.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     177 " 3 " Priv Col. Tibbs & Lee Capt. J. Hodges Lt. R. Hodges 80 years Prince William Traditionary.   1780 or 81 " 6 " " Col. Shenber Capt. V. Newton Lt. W. Sandford Gen Washington La Fayette & Wayne 60 - Va.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Joseph Rowen Esck

September 30, 1938.
Mrs. H. L. Wells West Walnut Road Greencastle, Indiana.
am BA-J/ILL John Foxworthy S. 31032
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War record of John Foxworthy, born 1753, of Stafford County, Virginia.
The data which follow are found in the papers on file in pension claim, S. 31032, based upon service in the Revolutionary War of John Foxworthy.
John Foxworthy was born May 10, 1753, in Prince William County, Virginia, where he lived at the time of the Revolutionary War. The names of his parents are not shown.
John Foxworthy enlisted and served two tours as a private in the Virginia troops, shown as follows: three months in Captain John Hedges' company, dates of this service not given, and six months in 1781, in Captain Valentine Peyton's company, and was discharged at Yorktown upon the arrival of Cornwallis, his term of service having expired. Mrs. Furch
The soldier resided in Prince William County, Virginia, until 1793, at which time he moved to Bourbon County, Kentucky, where he resided about seven years, then moved to Harrison County, Kentucky.
John Foxworthy was allowed pension on his application executed March 11, 1833, at which time he resided in Harrison County, Kentucky. He made no reference to wife or children.
In order to obtain the date of last payment of pension, name of person paid, and, possibly, the date of death of this pensioner, you should address The Comptroller General, General Accounting Office,

this city, and cite the following:
John Foxworthy Certificate #13550 Issued May 18, 1833 Rate $30 per annum Commenced March 4, 1831 Act of June 7, 1832 Kentucky Agency.
Very truly yours,
A. D. HILLER, Executive Assistant to the Administrator.

31032 Rev INVALID.
File No. 31,032
John Foxworth Dr Rev. Dr
Act: June 1 st 39 th
Index:—Vol. 2 , Page 141
[Arrangement of 1870.]

1933 - April 17 - Visit to Mrs. G. H. Davis - S. L. L.
1938 - Sept. 30 - Visit to Mrs. H. L. Wells S. L. L.

April 17, 1933.
Mrs. G. W. Davis 261 Mount Sterling Avenue Flemingsburg Kentucky.
RA-J/ILL John Foxworthy S. 31032
Dear Madam:
Reference is made to your letter in which you request the record of John Foxworthy, a Revolutionary War soldier.
The record of John Foxworthy is given below. The data furnished are from the papers on file in pension claim, S. 31032, based upon his military service in that war.
John Foxworthy was born May 10, 1753 in Prince William County, Virginia, and lived there at the time of the Revolutionary War. The names of his parents are not stated.
He enlisted and served two tours as a private in the Virginia troops as follows: three months in Captain John Hedges' company, dates not given, and six months in Captain Valentine Peyton's company, this latter service in 1781 when Cornwallis was in the vicinity of "Little York."
The soldier moved from Prince William County, Virginia, in 1793 to Bourbon County, Kentucky, where he remained about seven years, then moved to Harrison County, Kentucky.
John Foxworthy was allowed pension on his application executed March 11, 1833 at which time he resided in Harrison County, Kentucky.
No reference is made to wife or children in the papers on file in this pension claim.
Very truly yours,
A. D. HILLER, Assistant to Administrator.

Greencastle, Ind
Aug 26, 1938.
Pension Dept.
Dist. of Revolutionary Soldiers, Washington, D.C.
Gentlemen:
I would like to get any record you may have of only one John Foxworthy (born 1752) of Stafford Co. Virginia
Yours Truly,
Mrs. H. L. Wells,
Greencastle,
Ind.
W. Walnut Road.

MRS. G. W. DAVIS 261 MT. STERLING AVENUE FLEMINGSBURG, KY.
April 3. 1933.
A. D. Hiller Washington D.C.
Dear Sir:
Please send me report on John Foxworthy , Rev. soldier from Harrison Co. Ky. Thanking you I am Respectfully,
Mrs. G. W. Davis